PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Brian and Charles Best Friend Contest (“Contest”) will begin on June 24, 2022 at 12:00 P.M. ET and end on July 2, 2022 at 11:59 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ ET”). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to (i) permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories); and (ii) permanent, legal United Kingdom residents who are physically residing in the United Kingdom, and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall includeFocus Features LLC, 100 Universal City Plaza, Building 2160, Suite 7C, Universal City, CA 91608 ( "Sponsor"), Rupert Majendie (“Prize Provider”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: As part of your Entry (defined below), you will be required to submit an original photo ("Photo") of you and your best friend (“Best Friend”). Photo may be referred to herein as “Submission” or “Submissions.” Submission must have been created by you. If any minors appear in a Submission, the entrant must be that minor’s parent and/or legal guardian. Submission cannot have been created professionally. Submissions with watermarks are not eligible. You must submit the Submission according to the instructions provided on the applicable website. You must have the permission of any person who appears or is identified or otherwise referred to in your Submission.
1. FACEBOOK ENTRY: To enter the Contest, during the Contest Period, use your personal Facebook account to visit the Focus Features Facebook page located at https://www.facebook.com/FocusFeatures/ (the “Facebook Page”) and click the “like” button to like the Facebook Page. After you like the Facebook Page, you will be required to “like” the Contest announcement post that will be posted on the Facebook Page on June 24, 2022 at or about 12:00 P.M. ET (the “Post”) and submit a “comment” in the comments section of the Post including your Photo, tagging your Best Friend and @focusfeatures, and including the hashtag “#BrianandCharlesContest” (the “Facebook Entry”). Your Facebook Entry must include “#BrianandCharlesContest” and must tag your Best Friend and @focusfeatures or your Facebook Entry will not be valid. The Facebook Entry must be submitted via a “comment” on the Post. A Facebook account is required to enter the Contest. If you do not already have a Facebook account, you can go to https://www.facebook.com/ to create a free Facebook account.
2. INSTAGRAM ENTRY: To enter the Contest, during the Contest Period, use your personal Instagram account to visit the Charles Petrescu or Focus Features Instagram accounts located at https://www.instagram.com/charlespetrescu/ and https://www.instagram.com/focusfeatures/ (respectively) (each an “Instagram Page”) and click the “follow” button to follow @CharlesPetrescu or @FocusFeatures (as applicable). After you follow @CharlesPetrescu or @FocusFeatures, you will be required to “like” the Contest announcement post that will be posted on each Instagram Page on June 24, 2022 at or about 12:00 P.M. ET (the “Post”) and submit a “comment” in the comments section of the Post including your Photo, tagging your Best Friend, @charlespetresu, and @focusfeatures, and including the hashtag “#BrianandCharlesContest” (the “Instagram Entry”). Your Instagram Entry must include “#BrianandCharlesContest” and must tag your Best Friend, @charlespetresu, and @focusfeatures or your Instagram Entry will not be valid. The Instagram Entry must be submitted via a “comment” on the Post. An Instagram account is required to enter the Contest. If you do not already have an Instagram account, you can go to https://www.instagram.com to create a free Instagram account. If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Contest. You must follow @CharlesPetrescu and @FocusFeatures throughout the Contest Period and for at least fifteen (15) days thereafter (for potential notification purposes) to participate in the Contest and be eligible to win. You may unfollow @CharlesPetrescu and @FocusFeatures after the fifteen (15) day notification period.
Facebook Entry, Instagram Entry, and Twitter Entry may collectively be referred to herein as “Entry” or “Entries”.
Facebook Page, Instagram Page, and Twitter Page may collectively be referred to as “Page” or “Pages”.
If you choose to submit your Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries, and elements thereof, except for the Submission (which shall be licensed to Sponsor pursuant to the terms of these Official Rules), become the property of Sponsor and will not be acknowledged or returned.
You must submit the Submission as part of your Entry to enter the Contest. By entering the Contest, entrants grant Sponsor and/or Prize Provider the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and Prize Provider and that Sponsor's and/or Prize Provider’s reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract, and that they have the permission of any person who appears or is identified or otherwise referred to in their Submission to use the likeness, name, etc. of such person. If any Submission contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor's standards for any reason, as determined by Sponsor in its sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Pages. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions. Sponsor may choose to broadcast on-air and/or display on the Pages a selection of Submissions as determined by Sponsor in its sole discretion. By entering the Contest, each entrant agrees to the posting of such entrant’s name and Submission on the Pages and/or on Sponsor’s social media pages, including, but not limited to, Twitter, Instagram, and Facebook.
Limit one (1) Entry per person during the Contest Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before July 2, 2022 at 11:59 P.M. ET be eligible for the Contest. Sponsor's computer shall be the official timekeeper for all matters related to this Contest. Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address, Facebook, Instagram, or Twitter account, as applicable, used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the email address submitted at the time of Entry. “Authorized account holder” of a Facebook account is defined as the person assigned to the Facebook account by Facebook. “Authorized account holder” of an Instagram account is defined as the person assigned to the Instagram account by Instagram. “Authorized account holder” of a Twitter account is defined as the person assigned to the Twitter account by Twitter. Entry constitutes permission (except where prohibited by law) to use entrant’s name,Instagram or Twitter username, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING AND WINNER NOTIFICATION: On or about July 3, 2022 (the “Selection Date”), one (1) or more qualified judges selected by Sponsor (“Judges”) will review all eligible Entries received during the Contest Period and select two (2) potential winners (collectively, "Winners", each a “Winner”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). The selection and review process may occur on a rolling basis as Entries are received. There will be a total of two (2) potential Winners selected during the entire Contest Period In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Creativity as the potential Winner. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner.
Decisions of Sponsor and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsor reserves the right to select fewer than two (2) Winners (or none at all) or to extend the Contest Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in its sole discretion. Sponsor will make two (2) attempts to notify potential Winners via direct message to the Facebook, Instagram, or Twitter account submitted at the time of Entry.Sponsor may share each potential Winner’s name and contact information with Contest Entities and/or Prize Provider, as applicable, if necessary. Potential Winner(s) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor's sole discretion an alternate potential Winner may be selected from the remaining eligible Entries based on the Judging Criteria. If any potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or Prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor's sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Limit one (1) Prize (defined below) per family or household.
PRIZE: There will be two (2) prizes awarded (collectively, "Prizes", each a “Prize”) to the Winners; one (1) Prize will be awarded to each Winner. Prize will consist of the following: one (1) personalized audio greeting from Prize Provider for Winner and one (1) personalized audio greeting for Winner’s Best Friend. The personalized audio greetings may be in the form of a voicemail message, or other special message at Winner’s choice (which shall be subject to Sponsor and Prize Provider’s approval in their sole discretion).
Estimated Retail Value (“ERV”) of each Prize is zero dollars ($0.00). Total ERV of all Prizes is zero dollars ($0.00). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
All details of Prize will be determined in Sponsor's sole discretion. Sponsor reserves the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined in Sponsor's sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsor's sole discretion.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Facebook, Instagram, Twitter, Prize Provider, and each of their respective officers, directors, agents, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or entrant’s acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier and/or Prize Provider that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name and/or Instagram or Twitter username,on the Pages and the use by Released Parties of such name, Instagram or Twitter username,city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Pages. Sponsor may prohibit any Entrant or potential entrant from participating in the Contest, if such Entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other Entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined in Sponsor's sole discretion). Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. To the extent any applicable law would limit these Official Rules in any way, or invalidate any provisions hereof, any such limitations or invalid provisions shall not operate to invalidate these Official Rules in their entirety. Rather, in any such instance, these Official Rules shall be deemed to be effective to the maximum extent permitted by law.
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners, available after July 17, 2022, either (a) send an email to [email protected] with “Brian and Charles Best Friend Contest” in the subject line, or (c) send a self-addressed, stamped envelope to: Brian and Charles Best Friend Contest, 100 Universal City Plaza, Building 2160 – 7C Universal City, CA 91608, Attn: Jacqueline Vierra. The email and stamped envelope must be received by September 4, 2022.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter. Entrants are providing information to Sponsor and not to Facebook, Instagram, or Twitter.